Mark Mouthaan
Mark Mouthaan specializes in restructuring, financing and insolvency.
Mark advises on a wide range of restructurings and financings for companies and lenders, often in complex or distressed situations.
Since the introduction of the Dutch Scheme (WHOA – Act on the Confirmation of Private Restructuring Plans), he has been involved in more than 22 WHOA files, including feasibility assessments.
Mark has over eighteen years of experience advising on transactions and projects, gained as a lawyer at our firm and previously at NautaDutilh, and as secondee and in-house counsel at ABN AMRO, ING and Deutsche Bank. Prior to joining our firm in September 2020, he worked at the Rotterdam District Court in the insolvency team.
Recent matters
Financial distress, insolvency and restructuring
- Restructuring of an entertainment company with a €20 million debt reduction from €35 million – Mark advised the company.
- Advised directors in the sustainable energy sector on a successful restart from bankruptcy.
- Restructuring of a retail company with a €48 million debt reduction on €63 million – Mark advised the company.
- Advised a construction company on the controlled wind-down of its operations, including a €1 million settlement with a major client.
- Restructuring of a lease agreement including a €1.5 million early termination compensation due – Mark advised the tenant and shareholder-lender.
- Specialist WHOA advice to lawyers overseeing restructuring proceedings, including a second opinion.
- Advised on the acquisition of an innovative greenhouse from bankruptcy – Mark represented the grant provider and coordinated the negotiations.
- Acted as counsel to a court-appointed restructuring expert and observer.
Finance & Security
- Secured working capital € 2 million bridge financing with subordination of prior pledge – Mark acts for the borrower and drafts the documentation.
- Secured €1.5 million financing for a factoring company – Mark acted for the lender.
- Amendment of a €1.5 billion bond loan – Mark acted for the issuer.
- Restructuring of a €1.1 million loan provided by a port company – Mark acted for the lender.
- Advising national and international lenders on the enforcement of security rights.